As more and more councils in England introduce selective licensing for private rented sector landlords, legal experts are warning that such a ‘heavy handed’ approach councils could drive them to locate to other areas.
Kirwans law firm says it has been contacted by landlords with properties affected by selective licensing laws who have been ‘utterly devastated’ to find themselves hauled before the courts, simply for failing to apply for a licence.
Local authorities such as Liverpool are inviting landlords who fail, for whatever reason, to register, to attend a voluntary interview under caution and David Kirwan pointed out that this is a precursor to a criminal prosecution in the Magistrates Court.
In worst case scenarios, landlords could be handed a criminal record, an order to repay 12 months’ rent, or be banned from renting out a property in the future. Even if councils choose to avoid the courts, civil penalty fines of up to £30,000 can be imposed.